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International Law Theory
International Law '''Scope and Background''' Thought as a set of rules intended to bind states in their relationships each other. '''Public International law''' Agreements among states which constitute the law '''Post-World War I''' International affairs were droven into use of force, collective security, international trade and monetary relations and international human rights. '''Political theories of international law''' There's two major questions which organize the orientation of International Law What motivates actors in International relations? Who are the relevant actors? * Realism ** State power and state interests using international law for promotion of their national interests. * Rational/Functionalist theories ** States solve collective action problems. ** Is why the world had become so organized into cooperative actions ** States commint to join future gains to accountance structures and confidence. * Constructivist theories ** International law and politicas could not be thought as a constraint on state behavious, also defines social and political system which legitimates rules. ** Governments commit because they become persuaded. ** Actors are motivated by identity and legitimacy of their acts. Concept Consists of the rules and principles of general application dealing with the conduct of States and of international organizations in their international relations with one another and with private individuals, minority groups and transnational companies.Beckman, R., & Butte, D. (s.f.). ''ILSA.'' Obtenido de https://www.ilsa.org/jessup/intlawintro.pdf '''Types of International Law''' '''Public''': Are rules that the states creates to regulate and order their own behavior. “…body of law dealing with relations between States and also between States and other entities, such as international organizations."Karamanian, S. L. (s.f.). PUBLIC INTERNATIONAL LAW Versus PRIVATE INTERNATIONAL LAW: RECONSIDERING THE DISTINCTION. ''OAS'', 33-46. '''Private''': Are rules that regulates legal relations between individuals in international context or agreements about which rules should apply to private contracts. “…sets out procedural rules relevant to the substantive law applicable to the relationship between the parties, the appropriate forum to resolve their disputes, and the effect to be given a foreign judgment." Customary International Law A common practice that becomes declared law by a number of important states. It was the old way of installing law but now is less and less relevant but it’s still in effect.”… results from a general and consistent practice of states that they follow from a sense of legal obligation.” Institute, L. I. (2003). ''Cornell University Law School''. '''Treaties''' It’s an agreement between two or more states that establish an obligation between them. They follow three steps to put into action: * 1) Signing * 2) Ratification * 3) Goes into effect when enough parties ratified '''State''': It’s a political organization of society that controls a certain territory by establishing order and security. '''Nation''': It’s a large group of people with a common identity. '''Sovereignty:''' Can be divided in internal and external. To be recognized as a sovereign country there a things a state had to comply: * 1. To have a permanent population * 2. To be organized by an effective government * 3. Have a territory * 4. To be able to maintain relations with other states * 5. Legitimacy Bibliography